U. S. Bank National Association v. Kailua Housing Corporation

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NOT FOR PUBLICATION IN WEST‘S HAWAI‘I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-22-0000028 16-MAR-2023 07:52 AM Dkt. 80 OAWST NO. CAAP-22-0000028 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI‘I U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE TRUST 2006-A6, Plaintiff-Appellee, v. KAILUA HOUSING CORPORATION, Defendant-Appellant and ANDREW S. MONTGOMERY, SUCCESSOR TRUSTEE OF THE JAMES F. MONTGOMERY TRUST, U/A DATED APRIL 27, 1992, DIANE D. MONTGOMERY, KEOPU MAUKA PROPERTY OWNERS ASSOCIATION, FIRST HAWAIIAN BANK, KEOPU WATER ASSOCIATION, BANK OF AMERICAN, N.A., and DOES 2 through 20 inclusive, Defendants APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CC18100233) (By: ORDER Nakasone, Presiding Judge, McCullen and Chan, JJ.) Upon consideration of the Amended Stipulation for Dismissal of Appeal, filed March 15, 2023, by DefendantAppellant Kailua Housing Corporation, the papers in support, and the record, it appears that (1) the appeal has docketed; (2) the parties stipulated to dismiss the appeal with prejudice, under Hawai‘i Rules of Appellate Procedure (HRAP) Rule 42(b), and have addressed attorneys' fees and costs; and (3) the stipulation is NOT FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER dated and signed by counsel for all parties appearing in the appeal. Therefore, IT IS HEREBY ORDERED that the stipulation is approved and the appeal is dismissed with prejudice. The parties shall bear their own attorneys' fees and costs on appeal. DATED: Honolulu, Hawai‘i, March 16, 2023. /s/ Karen T. Nakasone Associate Judge /s/ Sonja M.P. McCullen Associate Judge /s/ Derrick H.M. Chan Associate Judge 2

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